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Patna High CourtCR. MISC./1960/2022allowed

Rohit Kumar @ Rohit Kumar Ray v. The State Of Bihar

2022-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1960 of 2022 Arising Out of PS. Case No.-151 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== ROHIT KUMAR @ ROHIT KUMAR RAY S/o Dhurendra Rai Resident of Village- Naini Uttar Tola, P.S.- Muffasil, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghwendra Pratap Singh For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 366A & 120B of the Indian Penal Code.

There is specific allegation of kidnapping the minor girl against this petitioner.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact,

Patna High Court CR. MISC. No.1960 of 2022(4) dt.31-08-2022 2/2 the victim Priti Kumari in her statement made under Section 164 Cr.P.C. has stated that she had voluntarily gone to Sikandarabad with the petitioner and performed marriage with him in April, 2021 in a temple and no one has kidnapped her. The victim Priti Kumari has been medically examined and doctor has asessed her age as above 18 years. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Having regard to the facts and circumstances of the case and the statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Muffasil P.S. Case No. 151 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T